Return to Transcripts main page

CNN Sunday Morning

Schiavo: 'DeLay Should be Ashamed'

Aired March 20, 2005 - 09:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


STEPHEN SPIVEY, JUDGE CIRCUIT COURT JUDGE: ... two separate charges, one of which is violation of Florida Statute 943.0435, which is failure to comply with the sex offender reporting requirements. There's been a capias issued in that matter, and the capias provides for no bond.
And the second charge that you're here on today, sir, involves a violation of probation. And a capias was issued on that matter as well. There is a statutory bond amount on that capias of $905.

JOHN COUEY, DEFENDANT IN JESSICA LUNSFORD CASE: Yes, sir.

SPIVEY: And I will set the bond at the statutory amount on that charge.

All right, sir. Do you have any questions of the court this morning?

COUEY: No, sir.

SPIVEY: All right. Good luck to you, sir.

COUEY: Thank you.

TONY HARRIS, CNN: And there you have it. Just moments ago, John Couey making his first court appearance in Florida. And he will be held for violating the conditions of his probation as a registered sex offender. This will give prosecutors in the Lunsford case an opportunity to build the facts of their case before charging him.

So, once again, John Couey, just moments ago, making his first court appearance in Florida.

RANDI KAYE, CNN: Turning now to our other developing story, the battle of Terri Schiavo reaches the halls of Congress. Lawmakers are considering a compromise bill aimed at keeping the brain-damaged woman alive. It directs a federal court in Florida to review Schiavo's case. The House and Senate may vote on the bill as early as today.

Coming up, you'll hear live from Schiavo's husband and his lawyer. They've been fighting to allow the woman to die. We'll also bring you Schiavo's brother, who wants to keep his sister alive.

President Bush has his pen ready as the Schiavo legislation makes its way through Congress. Let's head to Crawford, Texas, where White House correspondent Dana Bash is standing by at the president's ranch.

Hello, Dana.

DANA BASH, CNN CORRESPONDENT: Hi, Randi.

And, you know, usually when Congress passes a bill and the president is away, either he waits to sign it until he gets back or they fly it to where he is. But this is a case the White House says where they think that even a moment will make a difference in what they consider the importance of keeping Terri Schiavo alive.

And so the president will head back in about two hours, leave his ranch here in Texas, go back on Air Force One to the White House, where he will essentially wait for Congress to send him a bill.

That could happen late tonight, possibly even in the middle of the night.

But what the president hopes to sign is a compromise that members of Congress came up with yesterday, which essentially would allow the Schiavo family to take this case out of state court and into federal court.

Now, it is important to know that there is no guarantee that a federal judge would necessarily order that this feeding tube be put back in, but certainly there is a hope among members of Congress that that could happen.

And it is also important to note that this compromise is very specific to Terri Schiavo. Republicans had hoped to make this more broad so that, perhaps, anybody in her kind of situation could have an appeal to federal court. But most Democrats said that they thought it was very important that if they're going to do something so unusual in the United States Congress, that it not set a broader precedent. So there is language that says this is just specific to the case of Terri Schiavo, Randi.

KAYE: Dana Bash at the president's Texas ranch, thank you.

HARRIS: And as we've been telling you, new developments are brewing in the Terri Schiavo case. Lawmakers in Washington are working today on a bill to push the issue into federal court.

We want to talk about this with Terri Schiavo's husband, Michael, and then we'll turn to her brother, Bobby Schindler, for his perspective.

Michael, let's begin with you. Good morning, Michael.

MICHAEL SCHIAVO, HUSBAND OF TERRI SCHIAVO: Good morning.

HARRIS: First of all, I have to ask you for your reaction to the latest back and forth. Now the president, we understand, will be getting on a plane and heading back to the White House shortly in anticipation of signing a bill that will send this case to a federal court. Your thoughts this morning?

SCHIAVO: Well, my feelings are that I'm outraged. And I think that every American in this country should also be outraged, that this government is trampling all over a personal family matter that has been adjudicated in the courts for seven years.

I think that the Congress has more important things to discuss. How about let's discuss laws in keeping pedophiles off the streets so they don't murder little girls? How about the homeless children? Health care for people? Medications for the elderly?

But, no, they're wasting Congress time to talk about my wife, who has been adjudicated for seven years.

HARRIS: And, Michael, what is your sense of this? That it's just not the place for Congress, there's no right to do this, to step in here, this is your wife, and it's no business of the Congress and the president? As you mentioned, it's been going on for, what, seven years now, this litigation. Is that a fair summation of what you're feeling?

SCHIAVO: Yes, exactly. I'm outraged. And Tom DeLay should be ashamed of himself, sitting up there, making comments and bashing people. He has one side of the case. He has his brother running from door to door up there discussing this case, and he has no other facts. This is his cause. He found a cause to hide behind, to lighten the load of his other problems.

HARRIS: I have to ask you -- I know you have a life. Presumably you want to get back to that life as soon as you can. Isn't it enough to just say, "Look, Terri, I fought the fight, I tried as best I could to live up to your wish, but I can't do it any longer"?

SCHIAVO: You know, I fought this long for Terri, and I love her dearly, and I made that promise to her, and I'm going to hold it out. Right now I'm taking it day by day, moment by moment, but I'm going to stay right by her side.

HARRIS: OK, Michael. We appreciate it. Thanks for talking to us again this morning.

SCHIAVO: Thank you.

HARRIS: And let's turn now to Terri Schiavo's brother, Bobby Schindler, for the Schindler family reaction to the pending legislation.

And, Bobby, good to see you again this morning.

BOBBY SCHINDLER, BROTHER OF TERRI SCHIAVO: Good morning.

HARRIS: What do you think? The president, as I just mentioned to Michael a moment ago, is moments away from getting on a plane and heading back to Washington to presumably sign a piece of legislation -- and he hopes to anyway -- that will send this to the federal court for review.

Your thoughts?

SCHINDLER: Well, our family is extremely grateful for what Congress is doing.

You know, Terri is alive. She's not dying. She's a human being. She's not in a coma. She can be helped.

It amazes me that Michael portrays himself as a loving husband when he has abandoned Terri and he's warehoused her for the last 12 years. He's provided her no rehabilitation, no therapy, despite the fact that doctors are standing by, ready to help her, believe that she can be helped, doesn't even need a feeding tube if she was just given rehabilitation.

Michael calls himself family, yet he has his own family. He's been with another woman now for 10 years. It's his fiancee. He has two children.

And our family simply wants to bring Terri home and take care of her, and that's all we're asking.

Michael, move on with your life. Just give Terri back to us.

HARRIS: You don't deny him the right to move on with his life with another woman and children, do you?

SCHINDLER: Absolutely not. He has. As I said, he's been with another woman since 1995.

And our family simply wants to provide the rehabilitation that all these doctors are willing to give to Terri if she was just given a chance.

Terri is talking right now. There are medical documents where the nurses were writing down that Terri was actually making words back in the early '90s, when she was getting rehabilitation the first year.

Since 1992 that's been denied. And she's been, as I said, abandoned by Michael and warehoused.

Doctors believe she can be helped, and we just want to get her that help that these doctors are willing to give to her.

HARRIS: A hypothetical, big if: If you don't get the votes, if the legislation goes nowhere, are you willing to give up the fight?

SCHINDLER: Well, I mean, that's why we're still asking, you know, everybody watching to pick up the phone, please call Congress, call their senators, call their congressmen and congresswomen to please ask them to pass this to help save Terri.

It's specific to Terri. It's similar to what convicted criminals get. They get a federal review to make sure that the state courts acted properly. And we're just asking Congress to do the same, and we're hopeful that they will.

HARRIS: Is it possible that you're wrong? Have you considered that this is, in fact, what Terri wanted?

SCHINDLER: Wrong about saving my sister's life? Terri is not dying. These wishes that appeared were seven years after Terri's incident. We don't believe these are Terri's wishes. We believe these are Michael's wishes. Terri has been fighting 15 years. She has an iron will to live. She hasn't given up on us, and we're certainly not going to give up on her.

HARRIS: OK. Bobby Schindler, we appreciate it. Thank you this morning.

SCHINDLER: Thank you.

HARRIS: And time for you to weigh in on the Terri Schiavo case. Here's our e-mail question this morning: Who should decide the fate of Terri Schiavo? We are at wam@cnn.com, reading your replies throughout the program.

KAYE: Now to the case of 9-year-old Jessica Lunsford. The man who authorities say confessed to killing her, John Evander Couey, made his first court appearance in Florida just minutes ago.

CNN's Sara Dorsey joins us from Lecanto, Florida, with details.

Sara?

SARA DORSEY, CNN CORRESPONDENT: Well, Randi, John Couey scooted into the courtroom today with his hands and feet shackled. He kept his head down through most of this procedure, not looking at the media and very seldom actually really even looking at circuit court Judge Stephen Spivey. Now, Spivey said to Mr. Couey, "Good morning, sir. How are you doing?" Couey continued looking down and quietly said, "All right."

From there, he read Mr. Couey his rights and also told him his charges, which are failure to comply with a sex offender registry. There is no bond on that particular charge, so Mr. Couey will remain here. Also, he was charged with a violation of probation.

Now, we have talked to sheriff's officials, and we know that as of now he is not charged with anything in the Jessica Marie Lunsford kidnapping and murder case. That has not happened yet. The sheriff tells us the reason is they are building up their case against this man. They don't want to start that clock to a speedy trial until they have all of their ducks in a row. So that is what we are waiting for.

Mr. Couey will stay here, and we will, you know, know more as it unfolds as the sheriff gets his case together.

Randi?

KAYE: All right. Thank you, Sara Dorsey, for that live report. And we want to let you know, Jessica's father, Mark Lunsford, will be the guest on CNN's "Larry King Live." That's tomorrow night at 9 Eastern, 6 Pacific.

Sex is a forbidden subject for some, but there's a school district in Maryland that's breaking the silence.

HARRIS: Bringing sex into the classroom on "CNN Sunday Morning."

And good morning, Rob Marciano.

ROB MARCIANO, CNN: Good morning, Tony.

Spring, first day of it at least, arrived here today at 7:34 in the morning. We've got some spring thunderstorms across the South. We've got rain and wind across the California coastline. Welcome stop.

We'll go over your forecast in about 10 minutes.

There's Daytona Beach. Spring-breakers down in Florida, no doubt good weather for you today.

We'll be right back.

(COMMERCIAL BREAK)

KAYE: It's a new weapon in the war against crime: a gun that only one person can use, ever. The smart gun, coming new on "CNN Live Sunday," 11 a.m. Eastern.

HARRIS: And last week in our "Faces of Faith" segment we spoke with author Martha Beck. In her new book, Beck accuses her late father of molesting her when she was a child. CNN reached out to Beck's family before the interview but didn't get a response from them at that time. Now the family has contacted CNN with a response to specific allegations the author made on our program.

Here is that response: "As Martha Beck's mother and all seven of her siblings, we were surprised and disappointed by Martha's statements on 'CNN Sunday Morning,' March 13, 2005. Especially alarming was Martha's account that we supported her molestation allegations and then withdrew support in fear of her going public. This not only contradicts her own book, but it yet is another example of how her facts" -- let me break away from this.

And let's go back to Homosassa Springs, Florida, where we're anticipating a statement now from the PIO of the Citrus County sheriff's department. This is Rhonda Evan speaking.

RHONDA EVAN, PUBLIC INFORMATION OFFICER, CITRUS COUNTRY SHERIFF'S DEPARTMENT: The transport went without incident. He was brought back here to the duty office and processed around 2:15 a.m. And he is now in the custody and care of Corrections Corporation of America, which is privately run -- the detention facility here in Citrus County.

I would ask that any questions regarding his well-being or any interviews will be directed to CCA.

As far as the sheriff's office is concerned, he was processed on the two warrants, the two charges that he has. Right now there are no charges against Mr. Couey regarding the Jessica Lunsford case. Those charges will be forthcoming.

We will be working with the state attorney's office to determine what those charges will be, working with investigators. And at the appropriate time, he will be charged with what we feel are the appropriate charges in this case.

QUESTION: He had a bullet-proof vest on. You guys came in the wee hours. The deputies who went to get him essentially did a 17-, 18-hour road trip. Why the urgency? And seriously, how much of a threat to his life did you think the public might be?

EVAN: We just felt like Mr. Couey -- we wanted to have him back here to, one, face the two charges that he has against him and bring him back because the investigation that we are building against him in the Lunsford case, we felt like we needed to have him back here.

I don't have any firsthand knowledge that his life was ever in any danger. But, again, for his safety, for the safety of our officers, because they're the ones who have to do the transport, we just felt that this was the best way to bring Mr. Couey back.

QUESTION: Did the officers who transported him, did they pass any information? Was he talkative? Is he still talking about the crime or about anything like that?

EVAN: No, we haven't had any conversations. I can tell you that the trip went without incident. There were no scheduled stops. The only stops that were made were to use the restroom facilities.

QUESTION: Rhonda, can you give us a time line of when you think charges will be coming in regards to Jessica Lunsford? I mean, do you know how long we may be looking at?

EVAN: I do not. That will really depend on how this investigation continues to unfold. We are, again, working with the state attorney's office. And right now it is crucial for us that we make sure we understand, as we build our case and charge him with the appropriate charges.

QUESTION: Yesterday I know you told us that Jessica's body was taken away. Obviously, she'll have to go through an autopsy. Do you have any idea when that will be complete and when possibly her body will be returned to the family?

EVAN: I don't. I don't have a time line for that. I do know that that autopsy could take several days. And at that point we would receive a preliminary autopsy report. But a final autopsy report could be several weeks away.

QUESTION: Are they still gathering evidence at the scene? I saw some more investigators out there again this morning. EVAN: You will continue to see us out there doing a variety of things, just like after Jessica disappeared, we were there for many, many days, actually several weeks.

I really can't comment on what our investigators are doing at this point. We don't have anything further that we'll be able to release in reference to this case.

QUESTION: But are these crime scene investigators that are still probing that space, that 130 yards between the two houses?

EVAN: We actually have a variety of different sheriff's office officials out there. We have deputies, we have detectives, and we do have people from our evidence and I.D. section.

QUESTION: (OFF-MIKE) have anything to say about finally having this man back in his jurisdiction now and in his county?

EVAN: No. And I'm going to probably end it on that note right there.

There won't be any further updates from the sheriff's office today unless something significant were to break or unfold in this case.

We will again request that any questions you have in reference Mr. Couey, his well-being, state of mind, or any interviews, they will go through the Corrections Corporation of America.

QUESTION: If I may, one quick question?

EVAN: Last question.

QUESTION: You know, this community really poured out its support, volunteered its time for four weeks. Now that Mr. Couey, who has allegedly confessed, is behind bars, do you think the whole community at large should have a great sense of relief?

EVAN: I guess maybe you're asking my personal opinion, and I think the community is relieved that we were able to bring Mr. Couey back here and that he has admitted -- allegedly admitted to involvement in Jessica's disappearance and taking her life. From there, it will go into the court system to be determined.

QUESTION: And then, is there something about him and his history and apparent patterns of conduct that you think people should be relieved that he's off the street?

EVAN: Yes, absolutely. I think people, when you look at his criminal history, people are relieved that he's off the street.

And with that, that's how I'll leave it. Thank you, guys.

QUESTION: Thank you.

HARRIS: And you've been listening to Rhonda Evan. She is the public information officer for this Citrus County sheriff's deputy's office.

And she basically told us -- and it's important to note here -- what they've been able to do now is to buy time in filing their charges in the Jessica Lunsford matter.

Let's bring in Sara Dorsey, who is in Florida right now. And, Sara, that sounds like what we've had here, we've had a situation where probation and everything else has been revoked on Couey, and what this gives the authorities there is an opportunity to hold Couey while they build the case, bringing the pieces of the case together on Jessica Lunsford.

SARA DORSEY: Yeah, Tony, that's pretty much what we understand. I was talking to a member from the sheriff's office today, and he was just saying, you know, don't expect these charges to come real soon. These guys need some time. They want to build this case. They want to build a strong, solid case that will hold up. And the minute they file charges, he says, the clock starts ticking because of the speedy trial rule. If he wants a speedy trial, Mr. Couey, that is, you know the minute those charges for this murder are filed, he has the right to get that.

So the sheriff's office is going to be extremely careful first about collecting whatever evidence is available, getting their case in order, dealing with the D.A.s, all of that is what is ahead of us right now. Now, you saw Mr. Couey come into the courtroom earlier. And he's a small man, you know. He's 5'4", a little guy, and he's scooting in there with shackles on his hands and feet.

You know, he seemed to just kind of disconnected almost. He didn't look at any members of the media. He kept his head down through this entire thing. He was very quiet when Judge Stephen Spivey even spoke with him. So we'll be watching this more closely, and hopefully get more information as this case starts to unfold, and as the sheriff's deputies decide to make those charges in this murder case. Tony?

HARRIS: Sara Dorsey following developments in the Lunsford case all weekend for us. Sara, thank you.

KAYE: It packed a powerful punch and shook parts of the southeast Asia. The latest information on a strong earthquake coming up on "CNN Sunday Morning."

HARRIS: Plus the lessons of war, two years after the first volley in the battle of Iraq. U.S. troops tell us what they have learned from the wartime experience.

(COMMERCIAL BREAK)

KAYE: Time to go global and check out some of the stories making news around the world this morning.

HARRIS: And to do that, let's check in with CNN's Anand Naidoo at the international desk. ANAND NAIDOO: First up, a magnitude seven earthquake in Japan kills 1, injures 250, but causes little damage. The quake was centered off the west coast in the island of Kyushu. Local reports say about two dozen homes were destroyed. An elderly woman died after a wall collapsed on her. Workers have restored power and water services to most of the affected areas.

Moving on now to Pakistan and another bomb blast there. This time 28 are killed, dozens are injured. The explosion went off at a religious shrine. It's the fifth bombing during a 12-hour period in that part of the country. Police are looking at the possibility that rivalry between workers at the mosque might have been behind the attack.

Pakistan's (inaudible) province where this explosion took place, has a bit of a history of rivalry, of sectarian violence between Sunni Muslims and Shi'ite Muslims over there.

Now, this coming in from China, early this morning, another gas explosion at a coal mine in the northern part of the country. The bodies of 59 miners have been found. Rescue workers are still searching for ten workers who are trapped underground. Police have detained four owners of the mine for disregarding an order to suspend production. That order, I can tell you, Tony, was issued last November. Guess why it was issued? Safety concerns.

HARRIS: Again, another -- another explosion in a mine in China.

NAIDOO: Well, you know, you're absolutely right there. This explosion taking place in China, 59 people are killed. There was an explosion just two days ago. Eighteen people were killed. China actually has the world's deadliest mines.

HARRIS: That's for sure. Anand, we appreciate it. Thank you.

KAYE: We want to check in now with our Rob Marciano. Rob, what are you doing to celebrate the first day of spring. Anything?

MARCIANO: We all go over to Tony's house for the barbecue this afternoon.

KAYE: Really, is that what we're doing?

HARRIS: Come on, come on.

KAYE: Are you cooking?

HARRIS: Come -- well, you don't want that.

KAYE: No, that's why I'm asking.

HARRIS: Yeah, you don't want that.

KAYE: We'll eat first.

MARCIANO: It's BYOB and bring your own food, a typical party at the Harris house. It's quite embarrassing, but it's a good time.

HARRIS: Good time.

MARCIANO: We'll see you there.

KAYE: Okay.

(WEATHER BREAK)

HARRIS: The move to bring sex inside the classroom gets an emotional response from some parents in one community.

KAYE: The story coming up as we move into the next half hour of "CNN Sunday Morning."

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired March 20, 2005 - 09:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
STEPHEN SPIVEY, JUDGE CIRCUIT COURT JUDGE: ... two separate charges, one of which is violation of Florida Statute 943.0435, which is failure to comply with the sex offender reporting requirements. There's been a capias issued in that matter, and the capias provides for no bond.
And the second charge that you're here on today, sir, involves a violation of probation. And a capias was issued on that matter as well. There is a statutory bond amount on that capias of $905.

JOHN COUEY, DEFENDANT IN JESSICA LUNSFORD CASE: Yes, sir.

SPIVEY: And I will set the bond at the statutory amount on that charge.

All right, sir. Do you have any questions of the court this morning?

COUEY: No, sir.

SPIVEY: All right. Good luck to you, sir.

COUEY: Thank you.

TONY HARRIS, CNN: And there you have it. Just moments ago, John Couey making his first court appearance in Florida. And he will be held for violating the conditions of his probation as a registered sex offender. This will give prosecutors in the Lunsford case an opportunity to build the facts of their case before charging him.

So, once again, John Couey, just moments ago, making his first court appearance in Florida.

RANDI KAYE, CNN: Turning now to our other developing story, the battle of Terri Schiavo reaches the halls of Congress. Lawmakers are considering a compromise bill aimed at keeping the brain-damaged woman alive. It directs a federal court in Florida to review Schiavo's case. The House and Senate may vote on the bill as early as today.

Coming up, you'll hear live from Schiavo's husband and his lawyer. They've been fighting to allow the woman to die. We'll also bring you Schiavo's brother, who wants to keep his sister alive.

President Bush has his pen ready as the Schiavo legislation makes its way through Congress. Let's head to Crawford, Texas, where White House correspondent Dana Bash is standing by at the president's ranch.

Hello, Dana.

DANA BASH, CNN CORRESPONDENT: Hi, Randi.

And, you know, usually when Congress passes a bill and the president is away, either he waits to sign it until he gets back or they fly it to where he is. But this is a case the White House says where they think that even a moment will make a difference in what they consider the importance of keeping Terri Schiavo alive.

And so the president will head back in about two hours, leave his ranch here in Texas, go back on Air Force One to the White House, where he will essentially wait for Congress to send him a bill.

That could happen late tonight, possibly even in the middle of the night.

But what the president hopes to sign is a compromise that members of Congress came up with yesterday, which essentially would allow the Schiavo family to take this case out of state court and into federal court.

Now, it is important to know that there is no guarantee that a federal judge would necessarily order that this feeding tube be put back in, but certainly there is a hope among members of Congress that that could happen.

And it is also important to note that this compromise is very specific to Terri Schiavo. Republicans had hoped to make this more broad so that, perhaps, anybody in her kind of situation could have an appeal to federal court. But most Democrats said that they thought it was very important that if they're going to do something so unusual in the United States Congress, that it not set a broader precedent. So there is language that says this is just specific to the case of Terri Schiavo, Randi.

KAYE: Dana Bash at the president's Texas ranch, thank you.

HARRIS: And as we've been telling you, new developments are brewing in the Terri Schiavo case. Lawmakers in Washington are working today on a bill to push the issue into federal court.

We want to talk about this with Terri Schiavo's husband, Michael, and then we'll turn to her brother, Bobby Schindler, for his perspective.

Michael, let's begin with you. Good morning, Michael.

MICHAEL SCHIAVO, HUSBAND OF TERRI SCHIAVO: Good morning.

HARRIS: First of all, I have to ask you for your reaction to the latest back and forth. Now the president, we understand, will be getting on a plane and heading back to the White House shortly in anticipation of signing a bill that will send this case to a federal court. Your thoughts this morning?

SCHIAVO: Well, my feelings are that I'm outraged. And I think that every American in this country should also be outraged, that this government is trampling all over a personal family matter that has been adjudicated in the courts for seven years.

I think that the Congress has more important things to discuss. How about let's discuss laws in keeping pedophiles off the streets so they don't murder little girls? How about the homeless children? Health care for people? Medications for the elderly?

But, no, they're wasting Congress time to talk about my wife, who has been adjudicated for seven years.

HARRIS: And, Michael, what is your sense of this? That it's just not the place for Congress, there's no right to do this, to step in here, this is your wife, and it's no business of the Congress and the president? As you mentioned, it's been going on for, what, seven years now, this litigation. Is that a fair summation of what you're feeling?

SCHIAVO: Yes, exactly. I'm outraged. And Tom DeLay should be ashamed of himself, sitting up there, making comments and bashing people. He has one side of the case. He has his brother running from door to door up there discussing this case, and he has no other facts. This is his cause. He found a cause to hide behind, to lighten the load of his other problems.

HARRIS: I have to ask you -- I know you have a life. Presumably you want to get back to that life as soon as you can. Isn't it enough to just say, "Look, Terri, I fought the fight, I tried as best I could to live up to your wish, but I can't do it any longer"?

SCHIAVO: You know, I fought this long for Terri, and I love her dearly, and I made that promise to her, and I'm going to hold it out. Right now I'm taking it day by day, moment by moment, but I'm going to stay right by her side.

HARRIS: OK, Michael. We appreciate it. Thanks for talking to us again this morning.

SCHIAVO: Thank you.

HARRIS: And let's turn now to Terri Schiavo's brother, Bobby Schindler, for the Schindler family reaction to the pending legislation.

And, Bobby, good to see you again this morning.

BOBBY SCHINDLER, BROTHER OF TERRI SCHIAVO: Good morning.

HARRIS: What do you think? The president, as I just mentioned to Michael a moment ago, is moments away from getting on a plane and heading back to Washington to presumably sign a piece of legislation -- and he hopes to anyway -- that will send this to the federal court for review.

Your thoughts?

SCHINDLER: Well, our family is extremely grateful for what Congress is doing.

You know, Terri is alive. She's not dying. She's a human being. She's not in a coma. She can be helped.

It amazes me that Michael portrays himself as a loving husband when he has abandoned Terri and he's warehoused her for the last 12 years. He's provided her no rehabilitation, no therapy, despite the fact that doctors are standing by, ready to help her, believe that she can be helped, doesn't even need a feeding tube if she was just given rehabilitation.

Michael calls himself family, yet he has his own family. He's been with another woman now for 10 years. It's his fiancee. He has two children.

And our family simply wants to bring Terri home and take care of her, and that's all we're asking.

Michael, move on with your life. Just give Terri back to us.

HARRIS: You don't deny him the right to move on with his life with another woman and children, do you?

SCHINDLER: Absolutely not. He has. As I said, he's been with another woman since 1995.

And our family simply wants to provide the rehabilitation that all these doctors are willing to give to Terri if she was just given a chance.

Terri is talking right now. There are medical documents where the nurses were writing down that Terri was actually making words back in the early '90s, when she was getting rehabilitation the first year.

Since 1992 that's been denied. And she's been, as I said, abandoned by Michael and warehoused.

Doctors believe she can be helped, and we just want to get her that help that these doctors are willing to give to her.

HARRIS: A hypothetical, big if: If you don't get the votes, if the legislation goes nowhere, are you willing to give up the fight?

SCHINDLER: Well, I mean, that's why we're still asking, you know, everybody watching to pick up the phone, please call Congress, call their senators, call their congressmen and congresswomen to please ask them to pass this to help save Terri.

It's specific to Terri. It's similar to what convicted criminals get. They get a federal review to make sure that the state courts acted properly. And we're just asking Congress to do the same, and we're hopeful that they will.

HARRIS: Is it possible that you're wrong? Have you considered that this is, in fact, what Terri wanted?

SCHINDLER: Wrong about saving my sister's life? Terri is not dying. These wishes that appeared were seven years after Terri's incident. We don't believe these are Terri's wishes. We believe these are Michael's wishes. Terri has been fighting 15 years. She has an iron will to live. She hasn't given up on us, and we're certainly not going to give up on her.

HARRIS: OK. Bobby Schindler, we appreciate it. Thank you this morning.

SCHINDLER: Thank you.

HARRIS: And time for you to weigh in on the Terri Schiavo case. Here's our e-mail question this morning: Who should decide the fate of Terri Schiavo? We are at wam@cnn.com, reading your replies throughout the program.

KAYE: Now to the case of 9-year-old Jessica Lunsford. The man who authorities say confessed to killing her, John Evander Couey, made his first court appearance in Florida just minutes ago.

CNN's Sara Dorsey joins us from Lecanto, Florida, with details.

Sara?

SARA DORSEY, CNN CORRESPONDENT: Well, Randi, John Couey scooted into the courtroom today with his hands and feet shackled. He kept his head down through most of this procedure, not looking at the media and very seldom actually really even looking at circuit court Judge Stephen Spivey. Now, Spivey said to Mr. Couey, "Good morning, sir. How are you doing?" Couey continued looking down and quietly said, "All right."

From there, he read Mr. Couey his rights and also told him his charges, which are failure to comply with a sex offender registry. There is no bond on that particular charge, so Mr. Couey will remain here. Also, he was charged with a violation of probation.

Now, we have talked to sheriff's officials, and we know that as of now he is not charged with anything in the Jessica Marie Lunsford kidnapping and murder case. That has not happened yet. The sheriff tells us the reason is they are building up their case against this man. They don't want to start that clock to a speedy trial until they have all of their ducks in a row. So that is what we are waiting for.

Mr. Couey will stay here, and we will, you know, know more as it unfolds as the sheriff gets his case together.

Randi?

KAYE: All right. Thank you, Sara Dorsey, for that live report. And we want to let you know, Jessica's father, Mark Lunsford, will be the guest on CNN's "Larry King Live." That's tomorrow night at 9 Eastern, 6 Pacific.

Sex is a forbidden subject for some, but there's a school district in Maryland that's breaking the silence.

HARRIS: Bringing sex into the classroom on "CNN Sunday Morning."

And good morning, Rob Marciano.

ROB MARCIANO, CNN: Good morning, Tony.

Spring, first day of it at least, arrived here today at 7:34 in the morning. We've got some spring thunderstorms across the South. We've got rain and wind across the California coastline. Welcome stop.

We'll go over your forecast in about 10 minutes.

There's Daytona Beach. Spring-breakers down in Florida, no doubt good weather for you today.

We'll be right back.

(COMMERCIAL BREAK)

KAYE: It's a new weapon in the war against crime: a gun that only one person can use, ever. The smart gun, coming new on "CNN Live Sunday," 11 a.m. Eastern.

HARRIS: And last week in our "Faces of Faith" segment we spoke with author Martha Beck. In her new book, Beck accuses her late father of molesting her when she was a child. CNN reached out to Beck's family before the interview but didn't get a response from them at that time. Now the family has contacted CNN with a response to specific allegations the author made on our program.

Here is that response: "As Martha Beck's mother and all seven of her siblings, we were surprised and disappointed by Martha's statements on 'CNN Sunday Morning,' March 13, 2005. Especially alarming was Martha's account that we supported her molestation allegations and then withdrew support in fear of her going public. This not only contradicts her own book, but it yet is another example of how her facts" -- let me break away from this.

And let's go back to Homosassa Springs, Florida, where we're anticipating a statement now from the PIO of the Citrus County sheriff's department. This is Rhonda Evan speaking.

RHONDA EVAN, PUBLIC INFORMATION OFFICER, CITRUS COUNTRY SHERIFF'S DEPARTMENT: The transport went without incident. He was brought back here to the duty office and processed around 2:15 a.m. And he is now in the custody and care of Corrections Corporation of America, which is privately run -- the detention facility here in Citrus County.

I would ask that any questions regarding his well-being or any interviews will be directed to CCA.

As far as the sheriff's office is concerned, he was processed on the two warrants, the two charges that he has. Right now there are no charges against Mr. Couey regarding the Jessica Lunsford case. Those charges will be forthcoming.

We will be working with the state attorney's office to determine what those charges will be, working with investigators. And at the appropriate time, he will be charged with what we feel are the appropriate charges in this case.

QUESTION: He had a bullet-proof vest on. You guys came in the wee hours. The deputies who went to get him essentially did a 17-, 18-hour road trip. Why the urgency? And seriously, how much of a threat to his life did you think the public might be?

EVAN: We just felt like Mr. Couey -- we wanted to have him back here to, one, face the two charges that he has against him and bring him back because the investigation that we are building against him in the Lunsford case, we felt like we needed to have him back here.

I don't have any firsthand knowledge that his life was ever in any danger. But, again, for his safety, for the safety of our officers, because they're the ones who have to do the transport, we just felt that this was the best way to bring Mr. Couey back.

QUESTION: Did the officers who transported him, did they pass any information? Was he talkative? Is he still talking about the crime or about anything like that?

EVAN: No, we haven't had any conversations. I can tell you that the trip went without incident. There were no scheduled stops. The only stops that were made were to use the restroom facilities.

QUESTION: Rhonda, can you give us a time line of when you think charges will be coming in regards to Jessica Lunsford? I mean, do you know how long we may be looking at?

EVAN: I do not. That will really depend on how this investigation continues to unfold. We are, again, working with the state attorney's office. And right now it is crucial for us that we make sure we understand, as we build our case and charge him with the appropriate charges.

QUESTION: Yesterday I know you told us that Jessica's body was taken away. Obviously, she'll have to go through an autopsy. Do you have any idea when that will be complete and when possibly her body will be returned to the family?

EVAN: I don't. I don't have a time line for that. I do know that that autopsy could take several days. And at that point we would receive a preliminary autopsy report. But a final autopsy report could be several weeks away.

QUESTION: Are they still gathering evidence at the scene? I saw some more investigators out there again this morning. EVAN: You will continue to see us out there doing a variety of things, just like after Jessica disappeared, we were there for many, many days, actually several weeks.

I really can't comment on what our investigators are doing at this point. We don't have anything further that we'll be able to release in reference to this case.

QUESTION: But are these crime scene investigators that are still probing that space, that 130 yards between the two houses?

EVAN: We actually have a variety of different sheriff's office officials out there. We have deputies, we have detectives, and we do have people from our evidence and I.D. section.

QUESTION: (OFF-MIKE) have anything to say about finally having this man back in his jurisdiction now and in his county?

EVAN: No. And I'm going to probably end it on that note right there.

There won't be any further updates from the sheriff's office today unless something significant were to break or unfold in this case.

We will again request that any questions you have in reference Mr. Couey, his well-being, state of mind, or any interviews, they will go through the Corrections Corporation of America.

QUESTION: If I may, one quick question?

EVAN: Last question.

QUESTION: You know, this community really poured out its support, volunteered its time for four weeks. Now that Mr. Couey, who has allegedly confessed, is behind bars, do you think the whole community at large should have a great sense of relief?

EVAN: I guess maybe you're asking my personal opinion, and I think the community is relieved that we were able to bring Mr. Couey back here and that he has admitted -- allegedly admitted to involvement in Jessica's disappearance and taking her life. From there, it will go into the court system to be determined.

QUESTION: And then, is there something about him and his history and apparent patterns of conduct that you think people should be relieved that he's off the street?

EVAN: Yes, absolutely. I think people, when you look at his criminal history, people are relieved that he's off the street.

And with that, that's how I'll leave it. Thank you, guys.

QUESTION: Thank you.

HARRIS: And you've been listening to Rhonda Evan. She is the public information officer for this Citrus County sheriff's deputy's office.

And she basically told us -- and it's important to note here -- what they've been able to do now is to buy time in filing their charges in the Jessica Lunsford matter.

Let's bring in Sara Dorsey, who is in Florida right now. And, Sara, that sounds like what we've had here, we've had a situation where probation and everything else has been revoked on Couey, and what this gives the authorities there is an opportunity to hold Couey while they build the case, bringing the pieces of the case together on Jessica Lunsford.

SARA DORSEY: Yeah, Tony, that's pretty much what we understand. I was talking to a member from the sheriff's office today, and he was just saying, you know, don't expect these charges to come real soon. These guys need some time. They want to build this case. They want to build a strong, solid case that will hold up. And the minute they file charges, he says, the clock starts ticking because of the speedy trial rule. If he wants a speedy trial, Mr. Couey, that is, you know the minute those charges for this murder are filed, he has the right to get that.

So the sheriff's office is going to be extremely careful first about collecting whatever evidence is available, getting their case in order, dealing with the D.A.s, all of that is what is ahead of us right now. Now, you saw Mr. Couey come into the courtroom earlier. And he's a small man, you know. He's 5'4", a little guy, and he's scooting in there with shackles on his hands and feet.

You know, he seemed to just kind of disconnected almost. He didn't look at any members of the media. He kept his head down through this entire thing. He was very quiet when Judge Stephen Spivey even spoke with him. So we'll be watching this more closely, and hopefully get more information as this case starts to unfold, and as the sheriff's deputies decide to make those charges in this murder case. Tony?

HARRIS: Sara Dorsey following developments in the Lunsford case all weekend for us. Sara, thank you.

KAYE: It packed a powerful punch and shook parts of the southeast Asia. The latest information on a strong earthquake coming up on "CNN Sunday Morning."

HARRIS: Plus the lessons of war, two years after the first volley in the battle of Iraq. U.S. troops tell us what they have learned from the wartime experience.

(COMMERCIAL BREAK)

KAYE: Time to go global and check out some of the stories making news around the world this morning.

HARRIS: And to do that, let's check in with CNN's Anand Naidoo at the international desk. ANAND NAIDOO: First up, a magnitude seven earthquake in Japan kills 1, injures 250, but causes little damage. The quake was centered off the west coast in the island of Kyushu. Local reports say about two dozen homes were destroyed. An elderly woman died after a wall collapsed on her. Workers have restored power and water services to most of the affected areas.

Moving on now to Pakistan and another bomb blast there. This time 28 are killed, dozens are injured. The explosion went off at a religious shrine. It's the fifth bombing during a 12-hour period in that part of the country. Police are looking at the possibility that rivalry between workers at the mosque might have been behind the attack.

Pakistan's (inaudible) province where this explosion took place, has a bit of a history of rivalry, of sectarian violence between Sunni Muslims and Shi'ite Muslims over there.

Now, this coming in from China, early this morning, another gas explosion at a coal mine in the northern part of the country. The bodies of 59 miners have been found. Rescue workers are still searching for ten workers who are trapped underground. Police have detained four owners of the mine for disregarding an order to suspend production. That order, I can tell you, Tony, was issued last November. Guess why it was issued? Safety concerns.

HARRIS: Again, another -- another explosion in a mine in China.

NAIDOO: Well, you know, you're absolutely right there. This explosion taking place in China, 59 people are killed. There was an explosion just two days ago. Eighteen people were killed. China actually has the world's deadliest mines.

HARRIS: That's for sure. Anand, we appreciate it. Thank you.

KAYE: We want to check in now with our Rob Marciano. Rob, what are you doing to celebrate the first day of spring. Anything?

MARCIANO: We all go over to Tony's house for the barbecue this afternoon.

KAYE: Really, is that what we're doing?

HARRIS: Come on, come on.

KAYE: Are you cooking?

HARRIS: Come -- well, you don't want that.

KAYE: No, that's why I'm asking.

HARRIS: Yeah, you don't want that.

KAYE: We'll eat first.

MARCIANO: It's BYOB and bring your own food, a typical party at the Harris house. It's quite embarrassing, but it's a good time.

HARRIS: Good time.

MARCIANO: We'll see you there.

KAYE: Okay.

(WEATHER BREAK)

HARRIS: The move to bring sex inside the classroom gets an emotional response from some parents in one community.

KAYE: The story coming up as we move into the next half hour of "CNN Sunday Morning."

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com